AB262: Bill Text

DOT's current rules also require a motor vehicle wholesale auction dealer to retain a copy of a properly completed, signed wholesale auction dealer reassignment form for each vehicle sold with a nonconforming title and to furnish copies of it to the purchasing and selling dealers. This bill amends DOT's rules to eliminate this requirement and instead require the motor vehicle wholesale auction dealer to maintain a copy of the signed title for each vehicle sold.

The bill also amends various rules to replace the term "mobile home dealer" with the term "recreational vehicle dealer."

Motor vehicle emission and inspection program

Current statutes require DOT to conduct the motor vehicle emission inspection and maintenance program (I/M program) in counties in which the air quality does not meet certain federal standards (nonattainment counties). Under the I/M program, most motor vehicles that are subject to emission limitations established by the Department of Natural Resources (DNR) must pass periodic emission inspections and may not be registered by DOT unless they have passed these inspections. DOT may contract with third parties to perform vehicle emission inspections under the I/M program.

Under DOT's rules relating to the I/M program, DOT must conduct audits of its contractor inspection functions and inspection equipment and procedures. Also under DOT's rules, all contractor employees and all employees of any authorized inspection facility subcontractor who perform any official inspection functions must have an inspector license issued by the contractor and DOT must conduct audits with respect to inspectors. This bill repeals provisions of DOT's rules that allow a contractor's or subcontractor's employee to appeal and request a hearing before a DOT hearing officer if, as a result of a DOT audit, the employee's inspection license is suspended or revoked and the employee is therefore removed from inspection duties.

The bill also repeals a DOT rule that requires an inspector to refuse to perform an inspection of a vehicle if the vehicle operator refuses to yield the driver's seat.

With respect to a requirement that the operator of a vehicle that fails an inspection must receive a list of "registered automotive emission repair facilities," the bill changes this term to "recognized automotive emission repair technicians and recognized repair facilities," which are terms defined by rule.

Under current statutes, DOT may contract with any person for title and registration processing services and this program is known in DOT's current rules as the "automated processing partnership system" (APPS) program. Under these rules, an "agent" contracts with DOT to access and update vehicle records through a computer system. A person applying to DOT to become an agent must provide a surety bond or letter of credit in the amount of $10,000 if the person is applying to do registration renewal transactions or $25,000 if the person is applying to do title and original registration transactions. This bill modifies DOT's rules so that, if the applicant is also a subcontractor of DOT's I/M program contractor and the I/M program contractor has more than 100 subcontractors applying as agents, the I/M program contractor may provide the surety bond or letter of credit on behalf of these applicants and the amount of the surety bond or letter of credit is $2,000 for each applicant.

Vehicle registration

With respect to DOT's current rules applicable to DOT's telephone call-in procedure for authorizing the operation of vehicles under the quarterly or consecutive monthly registration system, the bill repeals DOT's rule imposing a late fee of $5 per vehicle if the applicant fails to pay to DOT all fees owing within 21 days after the date of DOT's invoice.

Under DOT's current rules, DOT may require that an applicant for telephone authorization use an authorization code during the telephone call-in procedure. The "authorization code" is a combination of six letters or numbers issued to an applicant by DOT for purposes of identification. This bill repeals all rules related to DOT's issuance of, or an applicant's use of, an authorization code in connection with the telephone call-in procedure.

The bill also specifies in DOT's rules that requests for telephone authorizations will be accepted by DOT at any time but will be processed only during DOT's regular business hours.

Under current statutes, all-terrain vehicles (ATVs) and utility terrain vehicles (UTVs) are not required to be registered with DOT. DOT's current rules specify that an ATV may not be registered as a "specially designed vehicle" operated by a person holding a special restricted operator's license. DOT's current rules also specify that ATVs are generally not eligible to be registered because registration is generally prohibited for vehicles originally designed and manufactured for off-highway use. This bill amends DOT's rules to include UTVs among the vehicles that DOT is generally prohibited from registering.

Motor carriers

Like the statutes discussed above, DOT's current rules allow DOT to revoke or suspend a motor carrier's authority if certain conditions exist, including that the motor carrier has failed to satisfy certain requirements or is unfit to carry on operations. A motor carrier may appeal, to DHA, an adverse determination by DOT relating to a motor carrier's application or authority within 20 days of the determination. This bill amends DOT's rule to increase this appeal time from 20 days to 30 days.

DOT's current rules require motor carriers to notify DOT in writing or by telephone of a change in their principal place of business within 30 days of the change. This bill amends DOT's rules to also allow this notice by any electronic means prescribed by DOT.

DOT's current rules require a person in the business of leasing motor vehicles and trailers to motor carriers (rental company) to register with DOT. Each rental company must negotiate rental agreements that are executed in triplicate, with copies retained by the rental company, retained by the renter, and carried on the leased motor vehicle. This bill amends DOT's rule so that the rental agreement is required to be executed in duplicate, not triplicate, with the copy provided to the renter also being the copy carried on the leased motor vehicle.

Local bridges

Under current statutes and DOT's current rules, DOT administers a local bridge construction program for the construction or reconstruction (construction) of bridges that are not on the state trunk highway system or connecting highways (local bridges). Under the program, the construction of a local bridge project is under DOT's control and supervision, but maintenance following construction is the responsibility of the local governments. The cost of the bridge project is generally divided in thirds between DOT and the county and municipality where the local bridge is located. DOT must promulgate rules to implement this program, including establishing eligibility criteria for local projects. DOT's current rules require that, for a new bridge to be eligible at a new location, the length of the bridge must exceed 475 feet and the estimated cost must exceed $5,000,000. This bill amends DOT's rule to increase the cost eligibility requirement from $5,000,000 to $16,000,000.

Technical corrections

The bill makes other minor and technical changes to DOT's rules, including eliminating obsolete phase-in or transition dates; eliminating fees for services that DOT no longer provides and fees repealed from the statutes; correcting references to defunct programs or to repealed or defunct provisions of the administrative code or statutes; and updating or repealing provisions that are inconsistent with current statutes or that were promulgated based on statutes that have since been amended or repealed.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB262,1 Section 1. 13.92 (4) (bm) of the statutes is created to read:

AB262,7,2 13.92 (4) (bm) If 2 or more rules filed under s. 227.20 or modified under s. 227.265 affect the same unit of the Wisconsin administrative code without taking cognizance of the effect thereon of the other rules and if the legislative reference bureau finds that there is no mutual inconsistency in the changes made by each such rule, the legislative reference bureau shall incorporate the changes made by each rule into the text of the unit and document the incorporation in a note to the unit. For each such incorporation, the legislative reference bureau shall include in a correction bill a provision formally validating the incorporation. Section 227.27 (2) is not affected by printing decisions made by the legislative reference bureau under this paragraph.

AB262,2 Section 2. 13.92 (4) (c) of the statutes is amended to read:

AB262,7,5 13.92 (4) (c) The legislative reference bureau may insert in the Wisconsin administrative code a note explaining any change made under par. (b) or (bm).

AB262,3 Section 3. 13.92 (4) (d) of the statutes is amended to read:

AB262,7,8 13.92 (4) (d) Sections 227.114, 227.116, 227.135, and 227.14 to 227.24 do not apply to any change made by the legislative reference bureau under par. (b) or (bm).

AB262,4 Section 4. 13.92 (4) (e) of the statutes is amended to read:

AB262,7,11 13.92 (4) (e) The legislative reference bureau shall prepare and keep on file a record of each change made under par. (b) or (bm).

AB262,5 Section 5. 13.92 (4) (f) of the statutes is amended to read:

AB262,7,14 13.92 (4) (f) The legislative reference bureau shall notify the agency involved of each change made under par. (b) or (bm).

AB262,6 Section 6. 25.40 (1) (a) 3. of the statutes is amended to read:

AB262,7,22 25.40 (1) (a) 3. Revenues collected under ss. 341.09 (2) (d), (2m) (a) 1., (4), and (7), 341.14 (2), (2m), (6) (d), (6m) (a), (6r) (b) 2., (6w), and (8), 341.145 (3), 341.16 (1) (a) and (b), (2), (2e), and (2m), 341.17 (8), 341.19 (1) (a), 341.25, 341.255 (1), (2) (a), (b), and (c), and (5), 341.26 (1), (2), (2m) (am) and (b), (3), (3m), (4), (5), and (7), 341.264 (1), 341.265 (1), 341.266 (2) (b) and (3), 341.268 (2) (b) and (3), 341.269 (2) (b), 341.30 (3), 341.305 (3), 341.307 (4) (a), 341.308 (3), 341.36 (1) and (1m), 341.51 (2), and 342.14 that are pledged to any fund created under s. 84.59 (2).

AB262,7 Section 7. 35.93 (3) of the statutes is amended to read:

AB262,8,12 35.93 (3) The legislative reference bureau shall compile and deliver to the department for printing copy for a register which shall contain all the rules filed under s. 227.20 or modified under s. 227.265 since the compilation of rules for the preceding issue of the register was made and those executive orders which are to be in effect for more than 90 days or an informative summary thereof. The complete register shall be compiled and published before the first day of each month and a notice section of the register shall be compiled and published before the 15th day of each month. Each issue of the register shall contain a title page with the name "Wisconsin administrative register", the number and date of the register, and a table of contents. Each page of the register shall also contain the date and number of the register of which it is a part in addition to the other necessary code titles and page numbers. The legislative reference bureau may include in the register such instructions or information as in the bureau's judgment will help the user to correctly make insertions and deletions in the code and to keep the code current.

AB262,8 Section 8. 84.59 (2) (b) of the statutes is amended to read:

AB262,9,5 84.59 (2) (b) The department may, under s. 18.562, deposit in a separate and distinct special fund outside the state treasury, in an account maintained by a trustee, revenues derived under ss. 341.09 (2) (d), (2m) (a) 1., (4), and (7), 341.14 (2), (2m), (6) (d), (6m) (a), (6r) (b) 2., (6w), and (8), 341.145 (3), 341.16 (1) (a) and (b), (2), (2e), and (2m), 341.17 (8), 341.19 (1) (a), 341.25, 341.255 (1), (2) (a), (b), and (c), and (5), 341.26 (1), (2), (2m) (am) and (b), (3), (3m), (4), (5), and (7), 341.264 (1), 341.265 (1), 341.266 (2) (b) and (3), 341.268 (2) (b) and (3), 341.269 (2) (b), 341.30 (3), 341.305 (3), 341.307 (4) (a), 341.308 (3), 341.36 (1) and (1m), 341.51 (2), and 342.14 and from any payments received with respect to agreements or ancillary arrangements entered into under s. 18.55 (6) with respect to revenue obligations issued under this section. The revenues deposited are the trustee's revenues in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the revenues to the repayment of revenue obligations issued under this section. Revenue obligations issued for the purposes specified in sub. (1) and for the repayment of which revenues are deposited under this paragraph are special fund obligations, as defined in s. 18.52 (7), issued for special fund programs, as defined in s. 18.52 (8).

AB262,9 Section 9. 194.46 of the statutes is amended to read:

AB262,9,19 194.46 Amendment, suspension, or revocation of certificate, license, or permit; hearing. The department may at any time, by its order duly entered after a hearing had, upon notice to the holder of any certificate, license, or permit under this chapter and an opportunity to be heard, at which it shall be proved that the holder has willfully violated or refused to comply with any of the provisions of this chapter or s. 346.924, or any orders or rules of the department, alter, amend, suspend, or revoke the certificate, license, or permit. The department may suspend or revoke a certificate, license, or permit under this chapter if, after providing the holder thereof notice and an opportunity to be heard on the matter, the department finds that service under the certificate, license, or permit has been abandoned. A person who is aggrieved by an order of the department under this section may, within 20 30 days after the date that the order is issued, request a review of the order by the division of hearings and appeals.

AB262,10 Section 10. 227.01 (13) (intro.) of the statutes is amended to read:

AB262,9,25 227.01 (13) (intro.) "Rule" means a regulation, standard, statement of policy, or general order of general application which has the effect of law and which is issued by an agency to implement, interpret, or make specific legislation enforced or administered by the agency or to govern the organization or procedure of the agency. "Rule" includes a modification of a rule under s. 227.265. "Rule" does not include, and s. 227.10 does not apply to, any action or inaction of an agency, whether it would otherwise meet the definition under this subsection, which:

AB262,11 Section 11. 227.11 (2) (intro.) of the statutes is amended to read:

AB262,10,5 227.11 (2) (intro.) Rule-making authority is expressly conferred on an agency as follows:

AB262,12 Section 12. 227.265 of the statutes is created to read:

AB262,10,11 227.265 Repeal or modification of rules. If a bill to repeal or modify a rule is enacted, the procedures under ss. 227.114 to 227.21 and 227.26 do not apply. Instead, the legislative reference bureau shall publish the repeal or modification in the Wisconsin administrative code and register as required under s. 35.93, and the repeal or modification shall take effect as provided in s. 227.22.

AB262,13 Section 13. 227.27 (2) of the statutes is amended to read:

AB262,10,18 227.27 (2) The code shall be prima facie evidence in all courts and proceedings as provided by s. 889.01, but this does not preclude reference to or, in case of a discrepancy, control over a rule filed with the legislative reference bureau or the secretary of state under s. 227.20 or modified under s. 227.265, and the certified copy of a rule shall also and in the same degree be prima facie evidence in all courts and proceedings.

AB262,14 Section 14. 341.19 (1) (intro.) and (a) of the statutes are consolidated, renumbered 341.19 (1) and amended to read:

AB262,11,2 341.19 (1) The department shall establish a telephone call-in procedure to authorize the operation of vehicles under the quarterly registration system in s. 341.30 or consecutive monthly registration system in s. 341.305. In addition to the registration fee required under s. 341.30 or 341.305, the following fees shall be paid to the department for authorizing the operation of a vehicle under this section: (a) The, a fee shall be paid to the department of the lesser of $10 per vehicle or the actual cost of the telephone authorization per vehicle as determined by the department.

AB262,15 Section 15. 341.19 (1) (b) of the statutes is repealed.

AB262,16 Section 16. 341.19 (2) (b) of the statutes is repealed.

AB262,17 Section 17. 341.19 (2) (c) of the statutes is amended to read:

AB262,11,12 341.19 (2) (c) Telephone authorization to operate a vehicle granted before the beginning of the registration period may be canceled by the applicant before the beginning of the registration period within 36 hours after making the request for telephone authorization, and the applicant shall not be required to pay the registration fee. The applicant shall pay to the department the authorization fee under sub. (1) (a) and may be charged a cancellation fee established by the department.

AB262,18 Section 18. Trans 131.03 (11) (L) of the administrative code is repealed.

AB262,19 Section 19. Trans 131.03 (15) (c) of the administrative code is amended to read:

AB262,11,19 Trans 131.03 (15) (c) Each operator of a vehicle failing the initial inspection shall receive a list of registered recognized automotive emission repair technicians and recognized repair facilities by area which includes information required under s. Trans 131.15. This listing may include other consumer information useful in obtaining vehicle emission repair service.

AB262,20 Section 20. Trans 131.11 (3) (a) of the administrative code is renumbered Trans 131.11 (3).

AB262,21 Section 21. Trans 131.11 (3) (b) of the administrative code is repealed.

AB262,22 Section 22. Trans 131.13 (5) (a) of the administrative code is renumbered Trans 131.13 (5).

AB262,23 Section 23. Trans 131.13 (5) (b) of the administrative code is repealed.

AB262,24 Section 24. Trans 133.02 (2) of the administrative code is repealed.

AB262,25 Section 25. Trans 133.04 (1) of the administrative code is amended to read:

AB262,12,11 Trans 133.04 (1) Department service schedule. Requests for telephone authorizations will be accepted by the department between 7:30 a.m. and 4:00 p.m. Monday through Friday except on New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas Eve Day, Christmas Day, and New Year's Eve Day, and any other holiday when state offices are closed. When any of the named holidays falls on Sunday and is celebrated on the following Monday, applications will not be accepted on the day celebrated as the holiday at any time but will be processed by the department only during the department's regular business hours.

AB262,26 Section 26. Trans 133.04 (2) (h) of the administrative code is repealed.

AB262,27 Section 27. Trans 133.05 of the administrative code is repealed.

AB262,28 Section 28. Trans 133.06 (3) of the administrative code is repealed.

AB262,29 Section 29. Trans 133.07 (1) of the administrative code is amended to read:

AB262,12,18 Trans 133.07 (1) Schedule. The department shall mail a monthly invoice to any applicant that owes telephone authorization fees, late payment fees or cancellation fees as described in s. Trans 133.06.

AB262,30 Section 30. Trans 133.08 of the administrative code is amended to read:

AB262,12,25 Trans 133.08 Cancellation of telephone authorization. A telephone authorization may be cancelled providing if the applicant requests the cancellation by telephone and the registration period for which the vehicle has been granted approval to operate has not commenced within 36 hours after making the request for telephone authorization. Cancellation fees will be assessed as described in s. Trans 133.06 (4).

AB262,31 Section 31. Trans 133.09 (3) of the administrative code is repealed.

AB262,32 Section 32. Trans 138.05 (3) of the administrative code is amended to read:

AB262,13,6 Trans 138.05 (3) Retain Maintain a copy of a properly completed, the signed wholesale auction dealer reassignment form title for each vehicle sold with a nonconforming title as required under s. Trans 154.03 (3) (d) 3., and furnish 2 copies to the purchasing dealer and one copy to the selling dealer.

AB262,33 Section 33. Trans 140.022 (2) of the administrative code is amended to read:

AB262,13,12 Trans 140.022 (2) Minimum security. A motor vehicle dealer or applicant for a motor vehicle dealer license shall provide and maintain in force a bond or letter of credit of not less than $25,000 $50,000, or if the dealer or applicant sells or proposes to sell motorcycles and not other types of motor vehicles, a bond or irrevocable letter of credit of not less than $5,000.

AB262,34 Section 34. Trans 140.07 (3) (a) of the administrative code is renumbered Trans 140.07 (3).

AB262,35 Section 35. Trans 140.07 (3) (b) of the administrative code is repealed.

AB262,36 Section 36. Trans 140.09 (2) (a) of the administrative code is amended to read:

AB262,13,18 Trans 140.09 (2) (a) The following guidelines are used in determining the acceptable level of net worth of an applicant: - See PDF for table

AB262,37 Section 37. Trans 142.07 (5) (c) of the administrative code is amended to read:

AB262,14,6 Trans 142.07 (5) (c) The original or a copy of all recreational vehicle purchase contracts, purchase orders and invoices. The records shall also include a copy of MV1 Wisconsin title and registration application forms submitted to the department as additional evidence of the sale as well as information regarding collection of sales tax and Wisconsin title and registration fees.

AB262,38 Section 38. Trans 144.01 of the administrative code is amended to read:

AB262,14,15 Trans 144.01 Purpose. This chapter describes the periods, expiration dates, and fees for licenses issued by the department under the authority found in ch. 218, Stats., to motor vehicle dealers and their salespersons; moped dealers; manufacturers, distributors, wholesalers, and their representatives; mobile home recreational vehicle dealers and their salespersons; motor vehicle auction dealers; salvage dealers; and buyer identification card holders. It also establishes the periods, expiration dates, and fees for registration plates issued to dealers, distributors, and manufacturers.

AB262,39 Section 39. Trans 144.02 (1) of the administrative code is amended to read:

AB262,14,20 Trans 144.02 (1) "Business license" means a license issued by the department under ch. 218, Stats., to a motor vehicle dealer, moped dealer, mobile home recreational vehicle dealer, motor vehicle auction dealer, motor vehicle manufacturer, distributor, wholesaler, or salvage dealer.